H.R. 6503 — Broadband for Americans through Responsible Streamlining (BARS) Act

This section exempts Federal authorizations for covered communications projects from being considered major Federal actions under sec. 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(2)(C))—which requires environmental impact statements for proposals significantly affecting the human environment—and undertakings under sec. 300320 of the National Historic Preservation Act (NHPA)—which requires review of effects on historic properties. The section applies these exemptions to (1) covered projects generally; (2) covered easements for communications facilities on Federal property if a prior easement exists for another communications or utility facility on the same property or if the easement is in a public right-of-way; and (3) revises sec. 6409(a)(3) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(a)(3)) to exempt eligible facilities requests (i.e., certain collocations, modifications, or deployments of wireless facilities) and eligible wireline communications facilities requests, with "Federal authorization" defined to include permits, special use authorizations, certifications, opinions, or other required approvals.

This section establishes a presumption for a project that is an undertaking under 54 U.S.C. §300320 (as determined by the FCC) if an Indian tribe receives (or can reasonably be expected to receive) a complete FCC Form 620 or 621 (or successor form) and does not act on the request within 45 days of receipt: (1) the applicant made a good faith effort to provide information reasonably necessary for the tribe to identify effects on historic properties of religious or cultural significance; and (2) the tribe disclaimed interest in the undertaking. (As background, FCC Forms 620 and 621 are used by wireless facility applicants to notify tribes of potential historic preservation impacts under Section 106 of the National Historic Preservation Act.) The presumption may be overcome by the tribe demonstrating to the FCC or a court of competent jurisdiction factors to which substantial weight is given, including (A) the applicant's failure to follow up with the tribe 30 to 50 days after form submission, and (B) any violation of an FCC Nationwide Programmatic Agreement by FCC regulations or the forms.

This section specifies that nothing in this Act or its amendments affects the Federal Communications Commission's obligation to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969.

This section establishes definitions for terms used in the Act, including "Chief Executive" (i.e., the primary executive official of an Indian tribal government), "Commission" (i.e., the Federal Communications Commission), "communications facility," "covered easement" (i.e., a federal easement, right-of-way, or lease—generally excluding tribal trust land unless requested otherwise—for installing or maintaining communications or utility facilities), "covered project" (i.e., 10 specified types of FCC-jurisdictional projects such as collocations or modifications of personal wireless facilities; deployments on eligible support infrastructure; small wireless facilities; projects in floodplains, brownfields, disaster areas, or public rights-of-way; and certain replacements or removals of covered communications equipment), "eligible support infrastructure," and "emergency."